PRIVACY Policy for SMART

The only details required from you to register as a SMART user are your first and last names, your residential and email addresses, contact telephone number. Each time you make a booking using SMART we record the details of the booking itself (i.e. the number of bookings made by you and the number of adults, number of children etc included in that booking). Any other information that SMART collects is information which you “voluntarily” provide to us.

The Privacy Act 1993 gives you the right to access and correct personal information held by us. To access your personal information you may send us an email request. Our response will be sent to the email address you have provided in your Membership Profile and will advise you of the procedure to follow to retrieve your information.

The password you choose for SMART will be retained in encrypted form. None the less we strongly advise against selecting a password that you use for other purposes, especially in connection with bank accounts, credit cards or other sensitive data.

When you book through the SMART booking system the information forwarded to the accommodation host is the minimum information necessary to confirm the booking.

Your information may be used to build up non-personal data about both the Web site and geographic regions such as total visitor numbers, number of bookings and demographics of those using the site. However no names will be used to identify individual customers.

Information registered by you on the SMART site remains the property of TrueNZ Guides and SMART.

SMART does not sell or rent your personal information to third parties.

We release your information only when:

we believe release is appropriate for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities);

it is to facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of TrueNZ Guides or SMART, TrueNZ or SMART users, or others.

Government agencies with statutory roles enabling them to request data from us includes but is not restricted to Police, IRD and the Ministry of Business, Innovation and Employment. Members can contact SMART to ask whether such information has been provided.

SMART is an online service. Please be aware that communications over the Internet, such as emails/webmails, are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered. This is the nature of the World Wide Web/Internet. We have taken all practicable steps from both a technical and systems perspective to ensure that all of your information is securely protected. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

A secure payment gateway provided by ANZ Bank New Zealand Limited is used to process all transactions and credit card details requested in connection with SMART bookings. No credit card details are collected or held by SMART at any time. Accommodation hosts may request credit card details be provided in connection with any bookings(s) you make. Security of supply of that information, and storage of it, is entirely a matter between you and your accommodation host(s)

SMART Terms Of Use for Making Bookings

“SMART” means the partnership of Jamroc Management Limited and M&C Ward Holdings Limited trading as TrueNZ Guides which owns and operates the SMART, SMARTgms and SMARTres websites, and one of which may be referred to in the singular as “the web site” or “the site”.

"You" refers to every individual or entity accessing the site for whatever reason.

By using this site, including the booking engine and payment gateway, you are accepting all these Terms of Use and the Terms and Conditions applied by each of the third party suppliers making use of the SMART booking system.

“Host”, “Accommodation Provider” and “Host property” all mean a property offering accommodation on TrueNZ Guides or via SMART and the owners and operators of the same as appropriate.

SMART requires you to read all Terms of Use carefully. You may contact SMART if you do not understand any of them. If you do not accept all of the terms, do not use this site.

The site is for your personal use and is not to be used for any commercial purpose.

Site Information

Most of the information on this site is provided by third party suppliers. SMART has taken reasonable care to check that the information is accurate and up-to-date, but does not guarantee that the site, or the server providing it, is free from viruses, errors and faults.

SMART accepts no responsibility for information supplied by third parties and, in particular, does not guarantee or warrant the accuracy of, or the fitness for any particular purpose of, or merchantability of, any third party information, accommodation or service available from, or referred to, on this site. SMART will not be liable for any damages or loss caused by the use of any information on this site.

Charges

You will promptly pay any charges specified on the site for bookings made through the site.

These charges may be for a deposit to secure your booking, or may be for the balance of, or the whole of the tariff applicable to your stay. Please see “Cancellations & Refunds” below

Charges will be payable immediately when due by charge to your credit card. Our independent credit card transaction processor is ANZ Bank New Zealand Limited which accepts Visa & Mastercard but reserves the right not to accept a particular credit card provider at their discretion.

When completing the on-line booking form you must be of legal age to do so and become legally bound to honour payment and other obligations.

Confirmation of Bookings

A booking is confirmed only when an on-screen transaction confirmation has been displayed by SMART and an email booking confirmation has been sent to you by your selected host (whether or not you receive it).

In certain circumstances your selected accommodation host may have specified conditions of stay which mean that your booking cannot be immediately confirmed. In these circumstances SMART will display an onscreen message advising that your booking has been forwarded to the host as a booking request. Where this occurs, your booking status is not confirmed until you receive your host’s response and, if a payment is then specified to secure your booking, you have returned to SMART and successfully made the appropriate payment within the time specified for making it.

If no on-screen transaction confirmation has been displayed by SMART, it means that the transaction has not been successfully completed and no details will have been passed on to your selected accommodation hosts. You have not been booked into the accommodation.

The confirmation will clearly state the rooms and occupancy covered in the booking and the payment made.

The Confirmation may also state that a further payment for part or all of the full cost of your booked stay will become payable by a specified date. Where such additional payment is specified it becomes entirely your responsibility to ensure that it is made within the time specified and is received by the accommodation host.

Failure to do so may invalidate your accommodation booking.

You may also be liable for additional charges incurred during your stay, which are payable directly to the accommodation supplier.

You must check the room description at the time of booking. It is your responsibility to ensure that the booking will be suitable for your needs. Accommodation providers have different child policies and it is your responsibility to check restrictions, such as the child age range, and book appropriately.

You are also responsible for keeping other members of your party informed of the booking details.

Deposits and other pre payments

An “Arrival Assured Date” is specified by each accommodation host. This is the point in time prior to your booked arrival after which you are committed to your stay and to meeting the full costs agreed to for your accommodation. It may be specified by the host as being 30 days, 21 days, 14 days or 7 days at the option of the host. Details of the applicable Arrival Assured Date for the property you are booking at may be viewed in your booking form.

When your booking is made in advance of the “Arrival Assured Date specified by your accommodation host a deposit may be requested as your commitment to the booking. The amount of deposit requested may not exceed 10% of the total value of your booking with that host.

When your booking is made in advance of the Arrival Assured Date your host may require that a further payment for part or all of the cost of your booked stay will become payable by a specified date, being no earlier than the commencement date of the applicable Arrival Assured Date. Where such additional payment is specified it becomes entirely your responsibility to ensure that it is made within the time specified and is received by the accommodation host. Failure to do so may invalidate your accommodation booking and result in it being cancelled.

When a booking is made within the Arrival Assured Date your host may request payment of an amount up to the full value of your booking in order to secure your booking.

Refunds of Deposits and other pre payments

Where circumstances arise necessitating that you cancel a booking made through SMART:

Any refund of a deposit paid is entirely at the discretion of your accommodation host, who is under absolutely no obligation to provide one

Any refund of any payment made within the Arrival Assured Date specified for the booking or after arrival at the host property, is entirely at the discretion of your accommodation host, who is under absolutely no obligation to provide one and is unlikely to do so unless the accommodation you booked is resold.

Where a booking is cancelled by an accommodation host as a result of non compliance by you with the set payment terms, any deposit or other prepayment that you have made is non refundable.

Intellectual Property Rights

The copyright in the material contained in the SMART web site, together with the web site design, text and graphics, and their selection and arrangement, belong to SMART. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.

Third party product and company names mentioned on the SMART web site may be the trademarks or registered trademarks of their respective owners.

If you download software from the site (which includes files, images, data and code) SMART retains complete ownership of that software. You must not redistribute, decompile, disassemble, reverse-engineer or deal with the software in any way.

Limitation of Liability and Disclaimer

We use reasonable endeavours to ensure that the data on the web site is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the web site and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the web site. We do not guarantee that the web site will be fault free and do not accept liability for any errors or omissions.

Due to the nature of electronic transmission of data over the internet, and the number of accommodation hosts by whom data is posted on to the web site, any liability we may have for any losses or claims arising from an inability to access the web site, or from any use of the Web site or reliance on the data transmitted using the web site, is excluded to the fullest extent permissible by law. In no event shall we be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the web site, save where such liability cannot be excluded by law.

We do not give any warranty that the web site is free from viruses or anything else which may have a harmful effect on any technology.

Your Warranties

You warrant that:

You are responsible (financially and otherwise) for your use of this site

Information you supply, whether to SMART or to a third party provider, is accurate and will not be deceptive or likely to deceive.

You are over the age of 18

Indemnity

You indemnify SMART and its officers, employees and agents against all costs, claims, losses, liabilities, damages and expenses as a result of any act, omission or breach of these terms by you or by your officer, employee or agent.

Privacy

Any details that you provide to us from which we can identify you, are held and processed in accordance with our Privacy Policy.

Governing Law

The Terms and Conditions are governed by the laws of New Zealand and you agree to submit to the exclusive jurisdiction of the New Zealand High Court.

Any term which is void or unenforceable shall be treated as severed from these Terms of Use and shall not affect the enforceability of the other terms. These Terms of Use constitute the whole agreement between you and SMART and shall not be modified except by agreement in writing signed by SMART.

If you are accessing the site from outside the country, you must comply with all laws of the country in which you are accessing the site and with all New Zealand laws.

E-mail and Password

You are issued with a password which must be used in conjunction with your e-mail address in order to access certain restricted parts of the web site. The e-mail and password are personal to you and are not transferable.

Your e-mail and password are the methods used by us to identify you and so are very important. You are responsible for all information supplied to the web site by anyone using your e-mail and password and any payments due for services accessed through the web site by anyone using your e-mail and password. We strongly recommend you do not disclose your password to anyone. Any breach of security of an e-mail and password should be notified to us immediately.

You may not adapt or circumvent the systems in place in connection with the web site nor access the web site other than through normal operations.

If you change your email address between the time of making a booking and the date of your stay, it is essential that you log in to your SMART user record and update your contact email address.

If you change your email address between the time of making a booking and the date of your stay, it is essential that you log in to your SMART user record and update your contact email address.

In the event that any email sent to you by SMART or an accommodation host with whom you hold booked accommodation, to the email address you have provided, is returned as undeliverable on 2 separate occasions your booked accommodation may be cancelled without further notice.

Currency and GST

All prices shown listed on this web site are in New Zealand dollars. All prices include the New Zealand Goods and Services Tax where applicable. You should be aware that many small accommodation providers are not required to be, and are not, registered for GST.

Cookies

A cookie is a small text file written to your hard drive that contains information about you. Cookies do not contain any personal information about users. We use cookies so that we can personalise your experience of the web site. If you set up your browser to reject the cookie, it may not be possible to use the web site.